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Mineral royalties

Discussion in 'Buying & Selling a Home or Residence' started by Lreynolds, May 24, 2016.

  1. Lreynolds

    Lreynolds Law Topic Starter New Member

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    I sold a portion of property and retained mineral. Quite a few years later, while I was incarcerated, the new owner had the coal removed without my knowledge. I received no notice or payments. Tje.coal was owned by another person and I resumed all royalties on any removed per my deed. This was, I am told, in 2006. HOWEVER, I was just made aware of this 3 weeks ago. Do I have a right using the "Discovery of Harm" clause to file a lawsuit against her for the royalties I should have received from the property? There was a large amt. Of coal there . I Had no knowledge that the COAL had been removed. She did not have a permit for that piece of property, but for a different piece of property in a.different township. I knew the griund had been landscaped and a house built on it, but until a friend mentioned the coal removal in casual co versation, it I had no idea. What can I do? THE royalties are prob. What built the house. ADVICE, PLEASE
     
  2. adjusterjack

    adjusterjack Super Moderator

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    What "discovery of harm" clause?

    Do you have some sort of a contract with somebody for the royalties?

    Is there a reservation of mineral rights on your recorded deed for the sale of the property.
     
  3. Lreynolds

    Lreynolds Law Topic Starter New Member

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    Pa has a "discovery of harm" to file a civil suite. I just found out about her taking the coal out of property 10 yrs ago, and yes it is deed that I retained the royalty to all coal, gas, and oil. Owner of coal was a man named max noble
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Yes, but not for all types of lawsuits.

    Some statutes of limitations allow for it, some don't.

    42 PA CS 5524 has a two year statute of limitations for several types of lawsuits including:

    (7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.

    Which is probably the catch-all that includes an action for your mineral rights.

    Two year limitation - 42 Pa. Cons. Stat. § 5524 - Pennsylvania Attorney Resources - Pennsylvania Laws

    Note that there is no provision for "discovery of harm" in that statute.

    42 PA CS 5525 is an example of a statute of limitations which does include a "discovery of harm" provision with regards to identity theft:

    (b) Special provisions.--An action subject to section 8315 (relating to damages in actions for identity theft) must be commenced within four years of the date of the offense or four years from the date of the discovery of the identity theft by the plaintiff.

    Four year limitation - 42 Pa. Cons. Stat. § 5525 - Pennsylvania Attorney Resources - Pennsylvania Laws

    Another example: 42 PA CS 5532 extends the statute of limitations due to fraudulent concealment but ONLY

    In the case of a civil action or proceeding against the trustee of an express or implied trust...

    You can look up the rest of the limitations of civil actions at:

    Judiciary And Judicial Procedure - 42 Pa. Cons. Stat. - Pennsylvania Attorney Resources - Pennsylvania Laws

    So far, I have not been able to find any suggestion that a discovery of harm rule would apply to your mineral rights so I strongly suggest you consult an attorney who specializes in mineral rights lawsuits. He should be able to tell you if there is anything I'm missing, perhaps in case law.
     
  5. army judge

    army judge Super Moderator

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    Most mineral rights are owned by the utility companies, telephone companies, or railroads.

    There are exception, most if those being in Texas and the western US.

    Have you done title research to substantiate your claim?

    This site might help you:

    Pennsylvania Mineral Rights | Learn Basics of Mineral Rights in PA

    This site debunks some myths about mineral rights and their history in the USA:

    Mineral Rights | Oil & Gas Lease and Royalty Information

    Fortunately for our family, my great-great-great-grandfather acquired a large block of land in Texas upon which we later discovered oil and natural gas. Those beautiful oil rigs are still pumping Texas Tea today. We also sold a small swath to an oil pipeline outfit. Most of it is grassland for cattle and a couple hundred bison.
     

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